Escolar Documentos
Profissional Documentos
Cultura Documentos
3d 595
Appeals from the United States District Court for the Western District of
Virginia, at Danville.
John H. OBrion, Jr., Cowan & Owen, P.C., for appellants.
G. Rodney Sager, Rod Sager & Associates, for appellee.
W.D.VA.
AFFIRMED.
Before HALL, PHILLIPS, and HAMILTON, Circuit Judges.
PER CURIAM
OPINION
1
In the early morning of February 1, 1991, during a traffic stop gone awry, Jerry
Lowery was shot in the head by Larry Stovall, a police officer for the city of
South Boston, Virginia. Lowery later brought this suit, alleging claims under
state law and 42 U.S.C. Secs. 1983 and 1985, against Stovall; Thomas E. Redd,
the other officer on the scene; J. V. Simmons, the chief of police for the city of
South Boston; and the city itself.
After some discovery, the defendants moved for summary judgment. Redd and
Stovall's motions were based on qualified immunity.
The district court denied Stovall's motion because, if Lowery's assertions of fact
were true, no reasonable officer could have believed that the shooting was
lawful. See Rainey v. Conerly, 973 F.2d 321 (4th Cir.1992). The court denied
Redd's motion because of inadequate discovery--Redd's deposition had not yet
been taken, and the court expressly stated that it would reconsider the motion
after the deposition.
On the other hand, because Lowery had not proffered facts from which a
reasonable trier of fact could find Chief Simmons or the city liable, the court
granted them summary judgment.
Stovall and Redd appealed, and we have jurisdiction under the doctrine of
Mitchell v. Forsyth, 472 U.S. 511 (1985) (denials of motions to dismiss or for
summary judgment based on qualified immunity are immediately appealable).
The district court certified under Fed.R.Civ.P. 54(b) that there was no just
reason for delaying Lowery's appeal of the summary judgment entered for
Simmons and the city, and Lowery cross-appealed.
We have considered the briefs and arguments of the parties, and we affirm the
judgment of the district court for the reasons stated in its memorandum opinion.
Lowery v. City of South Boston, Virginia, No. 92-0004-D (W.D. Va., Oct. 15,
1992).
AFFIRMED